Decree No. 30/2016/ND-CP dated April 28, 2016 of the Government detailing investment from social insurance, health insurance and unemployment insurance funds

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Decree No. 30/2016/ND-CP dated April 28, 2016 of the Government detailing investment from social insurance, health insurance and unemployment insurance funds
Issuing body: GovernmentEffective date:
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Official number:30/2016/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:Updating
Issuing date:28/04/2016Effect status:
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Fields:Insurance , Investment

SUMMARY

Guiding the investment from social insurance, health insurance

In accordance with the Decree No. 30/2016/ND-CP dated April 28, 2016 of the Government detailing investment from social insurance, health insurance and unemployment insurance funds, takes a form in the following order of priority: Purchase of government bonds; Provision of loans to the state budget; Making of deposits, or purchase of bonds, promissory notes, bills or deposit certificates at high performance commercial banks as rated by the State Bank of Vietnam; Provision of loans to Vietnam Development Bank and Vietnam Bank for Social Policies in the form of purchase of government-guaranteed bonds that are issued by these banks; investment in important projects under the Prime Minister’s decisions.

Within that, Investment in the two forms:  provision of loans to Vietnam Development Bank and Vietnam Bank for Social Policies and investment in important projects  shall be applied to the unemployment insurance fund only. The amount of investment in these two forms must not exceed 20% of the preceding year’s balance of the unemployment insurance fund.

The loan limit shall be decided by the Director General of Vietnam Social Security based on the state budget’s demand for loans and the investment plan approved by the Management Board of Vietnam Social Security. The loan term shall be counted from the date of loan provision to the date of debt collection. The specific loan term for each loan amount shall be agreed by Vietnam Social Security and the Ministry of Finance, but must not exceed 10 years.

Deposit amounts at commercial banks shall be decided by the Director General of Vietnam Social Security based on the investment plan approved by the Management Board of Vietnam Social Security. The deposit term shall be counted from the date of making a deposit to the date of recovery. The specific term shall be selected by Vietnam Social Security based on each type of deposit terms of a commercial bank but must not exceed 3 years. Upon maturity for interest or principal payment, if a commercial bank fails to make timely payment, it shall, apart from fully paying the interest or late-paid principal, also pay a late payment interest equal to 150% of the deposit interest rate at the time of payment, calculated on the late-paid amount and late payment period.

This Decree takes effect on June 16, 2016.
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Effect status: Known

THE GOVERNMENT

 
No. 30/2016/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
 
Hanoi, April 28, 2016
 
DECREE
Detailing investment from social insurance, health insurance and unemployment insurance funds[1]
 
Pursuant to the June 19, 2015 Law on Organization of the Government;
Pursuant to the November 20, 2014 Law on Social Insurance;
Pursuant to the November 16, 2013 Law on Employment;
Pursuant to the November 14, 2008 Law on Health Insurance and the June 13, 2014 Law Amending and Supplementing a Number of Articles of the Law on Health Insurance;
At the proposal of the Minister of Finance,
The Government promulgates the Decree detailing investment from social insurance, health insurance and unemployment insurance funds.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree details investment from social insurance, health insurance and unemployment insurance funds managed by Vietnam Social Security.
Article 2. Subjects of application
This Decree applies to Vietnam Social Security, and agencies, organizations and individuals involved in investment from social insurance, health insurance and unemployment insurance funds.
Article 3.Investment principles
Investment from social insurance, health insurance and unemployment insurance funds must ensure transparency, safety, efficiency and capital recoverability.
Article 4.Investment forms
1. Investment from social insurance, health insurance and unemployment insurance funds takes a form in the following order of priority:
a/ Purchase of government bonds;
b/Provision of loans to the state budget;
c/ Making of deposits, or purchase of bonds, promissory notes, bills or deposit certificates at high performance commercial banks as rated by the State Bank of Vietnam;
d/ Provision of loans to Vietnam Development Bank and Vietnam Bank for Social Policies in the form of purchase of government-guaranteed bonds that are issued by these banks;
dd/ Investment in important projects under the Prime Minister’s decisions.
2. Investment in the two forms specified at Points d and dd, Clause 1 of this Article shall be applied to the unemployment insurance fund only. The amount of investment in these two forms must not exceed 20% of the preceding year’s balance of the unemployment insurance fund. 
 3.The Management Board of Vietnam Social Security shall, at the proposal of the Director General of Vietnam Social Security, decide on, and take responsibility before the Government for, forms and structure of investment from social insurance, health insurance and unemployment insurance funds.
Article 5. Formulation of investment plan
1. Based on annual revenues and expenditures of social insurance, health insurance and unemployment insurance funds and the forms specified in Article 4 of this Decree, Vietnam Social Security shall formulate an investment plan and submit it to the Management Board of Vietnam Social Security for approval.
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ENGLISH DOCUMENTS

Official Gazette
Decree 30/2016/NĐ-CP PDF

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